The publication of Political Liberalismhas allowed John Rawls to bring to the fore issues that remained in the background of A Theory of Justice. His explicit attention to the concept of ‘the reasonable’ is a welcome development. In a more recent publication, he affirms the importance of this concept, ‘while [granting] that the idea of the reasonable needs a more thorough examination than Political Liberalism offers.’ In this paper, I will present a critical exposition of the senses of the reasonable (...) on which justice as fairness relies. Rawls employs the term in four main contexts. I will outline these various senses and argue that in each case, a controversy in the secondary literature can be resolved by close attention to the concept of the reasonable. In three of these contexts, Rawls relies on what I will call a ‘strong’ sense of the reasonable, while in one he sometimes seems to rely on a ‘weak’ sense. I argue that justice as fairness is best served by relying on a strong sense throughout. (shrink)

Some claim that liberalism’s neutrality toward the Good encourages anomie, thereby disallowing social confirmation of beliefs, leaving the individual with an uncertainty about judgments that is opposed to confidence and self-respect. This is the “anomie challenge.” I begin by discussing toleration and neutrality and motivating the problem. I then look at responses to the challenge by liberal pluralists and liberalism’s critics. After dismissing both, I argue that the right to choose is the good to be advocated and that it allows (...) for supportive, but voluntary, social structures. I conclude that liberalism better supports self-respect than the alternatives. (shrink)

What do we talk about when we talk about ethical diversity as a challenge to the normative justifiability of liberal democracy? Many theorists claim that liberal democracy ought to be reformed or rejected for not being sufficiently ‘inclusive’ towards diversity; others argue that, on the contrary, liberalism is desirable because it accommodates (some level of) diversity. Moreover, it has been argued that concern for diversity should lead us to favour (say) neutralistic over perfectionist, universalistic over particularistic, participative over representative versions (...) of liberal democracy. This paper provides a conceptual framework to situate those debates, and argues that there are two fundamental ways in which diversity constitutes a challenge to the justificatory status of liberal democracy: consistency (whereby diversity causes clashes between the prescriptions generated by normative political theories), and adequacy (whereby diversity generates a rift between our experience of what is considered valuable and what the theory treats as such). (shrink)

This article argues that the civic virtue of tolerance has to be understood as a virtue of justice. Based on an analysis of the concept of toleration and its paradoxes, it shows that toleration is a 'normatively dependent concept' that needs to take recourse to a conception of justice in order to solve these paradoxes. At the center of this conception of justice lies a principle of reciprocal and general justification with the help of which a distinction between moral norms (...) and ethical values is possible. While the former are strictly binding and define the realm of the tolerable, the latter are subject to reasonable disagreement that calls for toleration. Essentially, the virtue of tolerance is the capacity and willingness to accept the principle and criteria of justification of generally binding norms in an ethically pluralist society.This virtue is analyzed with respect to its normative and epistemological components. Finally, the idea of a 'tolerant character' is discussed. (shrink)

In his paper “Public Reason and the Justification of Punishment,” Zachary Hoskins develops and defends an idea of “public reason” that might be applicable to debates over punishment in the Western world. This short reply takes issue with some of Hoskins’ conclusions (while agreeing with many of his premises), and suggests that contra Hoskins, many versions of retribution are not compatible with the ideal of public reason as Rawls articulated it. Instead, debates over criminal justice and punishment should properly revolve (...) around the goods of public safety and harm reduction—rather than around any of the supposed metaphysical goods achieved by retributive punishment. (shrink)

In his political philosophy, John Rawls has a normative notion of reasonable behaviour expected of citizens in a pluralist society. We interpret the various strands of this idea and introduce them to the discourse on stakeholder dialogue in order to address two shortcomings in the latter. The first shortcoming is an unnoticed, artificial separation of words from actions which neglects the communicative power of action. Second, in its proposed new role of the firm, the discourse of political CSR appeared to (...) offer a promising synthesis of deliberation and action. However, the discourse has been criticized for its shortcoming in failing to provide a regulatory environment for corporation—stakeholder dialogue. Through our interpretation of Rawls’ notion of reasonableness in citizens, the article makes two important theoretical contributions to the debate on stakeholder dialogue. First, we transfer Rawls’ injunction in insisting that dialogues between business corporations and their weaker stakeholders must be understood as consisting of both verbal exchanges and actions. Second, we propose that the coercive power of government ought to provide a necessary context for stakeholder dialogue, and that by doing so, it can provide a way forward for the discourse of political CSR. We illustrate the usefulness of this contribution from Rawls in an analysis of BP’s behaviour towards thousands of victims following the Deepwater Horizon blowout in 2010. (shrink)

Christian Kock’s essays show the essential interconnectedness of practical reasoning, rhetoric and deliberative democracy. They constitute a unique contribution to argumentation theory that draws on – and criticizes – the work of philosophers, rhetoricians, political scientists and other argumentation theorists. It puts rhetoric in the service of modern democracies by drawing attention to the obligations of politicians to articulate arguments and objections that citizens can weigh against each other in their deliberations about possible courses of action.

In this article I address two objections to Rawls’ account of international toleration. The first claims that the idea of a decent people does not cohere with Rawls’ understanding of reasonable pluralism and sanctions the oppressive use of state power. The second argues that liberal peoples would agree to a more expansive set of principles in the first original position of Law of Peoples. Contra the first I argue that it does not properly distinguish between the use of state power (...) aimed at curtailing difference and the oppressive use of state power. Contra the second I argue that transposing a liberal egalitarian set of principles in Law of Peoples would entail the unnecessary duplication of entitlements within different levels of governance and affect liberal peoples’ self-determination. The article also highlights how these criticisms are premised on the assumption that all societies should be liberal and that the correct view of global justice is a cosmopolitan one. (shrink)

Resumen: El presente texto trata de la teoría de Charles Larmore, más precisamente, de las relaciones entre las concepciones de desacuerdo razonable, de pluralismo y de liberalismo. Tal teoría tiene como características el intuicionismo racional, contextualismo y defiende una posición realista de la moralidad. Palabras clave: desacuerdo razonable, pluralismo, liberalismo, intuicionismo, contextualismo.

Proponents of political liberalism standardly assume that the citizens of an ideal liberal society would be overwhelmingly reasonable. I argue that this assumption violates political liberalism's own constraints of realism—constraints that are necessary to frame the central problem that political liberalism aims to solve, that is, the problem of reasonable pluralism. To be consistent with these constraints, political liberalism must recognize that, as with reasonable pluralism, widespread support for unreasonable moral and political views is an inevitable feature of any liberal (...) society. I call this the fact of unreasonable pluralism. This fact threatens Rawlsian political liberalism's account of stability because an overlapping consensus cannot stably order a society pervaded by unreasonable views. My argument also raises questions about the coherence of Rawls's conception of ideal theory. (shrink)

Any value statement belongs to a certain value code shared, to a certain degree, by a number of people. Is the value code itself relative or not? To solve this problem, one must assume that universal value statements and principles always have a prima‐facie character. Prima‐facie value propositions not only claim universality but can also be understood as universally valid in the following sense. First, their validity does not depend on an individual's free preferences. Second, although they are culture‐bound, there (...) is something all cultures must have in common. But such prima‐facie propositions do not logically imply a moral judgement in any particular case. They are merely a starting point of an evaluation procedure, i.e., of weighing and balancing, nothing more. On the other hand, the final (contextual, all things considered) evaluations are necessarily relative to a certain culture and, indeed, to individual preferences. When claiming universality of values, people see the first side of the problem. When endorsing relativism, they see only the second side. (shrink)

What is the relationship between justice as an individual virtue and justice as an institutional virtue? The latter has been exhaustively explored by political philosophers, whereas the former remains underexplored in the literature on virtue ethics. This article defends the view that individual justice is logically prior to institutional justice, and argues that this view requires a conception of individual justice I call ‘justice as lawfulness’. The resulting view consists of three claims. First, just institutions are composed of the relations (...) between just persons. Second, the just person has a disposition to act in accordance with the legal and social norms (collectively, thenomoi) of the existing political tradition. Third, departures from thenomoirequire that the just person act with practical wisdom to reform thenomoiaccording to an implicit standard of justice in the political tradition. (shrink)

Toleranz wird für gewöhnlich als eine Einstellung definiert, die sich aus Akzeptanz und Ablehnung gegenüber der tolerierten Praxis zusammensetzt. In einem Aufsatz in dieser Zeitschrift hat Achim Lohmar dieses klassische Verständnis von Toleranz angegriffen und einen alternativen Toleranzbegriff stark gemacht. Ich werde argumentieren, dass Lohmars Analyse von Toleranz verfehlt ist, und zeigen, wie sich der klassische Toleranzbegriff gegen Lohmars Kritik verteidigen lässt. Dennoch ist Lohmars Kritik nicht uninteressant. Denn obwohl Lohmars begriffliche Kritik unzutreffend ist, lässt sich auf Lohmars Kritik aufbauend (...) ein inhaltliches Argument gegen die derzeit prominenteste Rechtfertigung von Toleranz formulieren, das Rawls’sche Argument von vernünftiger Meinungsverschiedenheit. Abschließend argumentiere ich gegen Lohmar, dass der personale Toleranzbegriff vom politischen nicht kategorial verschieden ist. (shrink)

Dieser Text ist ursprünglich 2011 unter dem Titel „Perfectionist Liberalism and Political Liberalism“ in Philosophy & Public Affairs 39, 3–45, erschienen. Wir danken Martha Nussbaum sowie dem Verlag Wiley für die Erlaubnis zur Übersetzung und hoffen damit, zur weiteren Rezeption dieses wichtigen Textes beizutragen.

This paper is part of a broader argument that seeks to offer a justification for political authority. It aims to investigate the role of truth in political argument and to place the problem of reasonable disagreement. The argument focuses on the possibility of political deliberation, that figures as a stage of political decision-making. It has to do with a confrontation between incompatible substantive beliefs which, however, all seem to be reasonable. How can citizens holding incompatible beliefs engage in an enterprise (...) of justifying them to one another? That is the question. (shrink)

It is often assumed that disagreement only occurs when there is a clash (e.g., inconsistency) between beliefs. In the philosophical literature, this “narrow” view has sometimes been considered the obvious, intuitively correct view. In this paper, we argue that it should not be. We have conducted two preregistered studies gauging English speakers’ intuitions about whether there is disagreement in a case where the parties have non-clashing beliefs and clashing intentions. Our results suggest that common intuitions tell against the default view. (...) Ordinary speakers describe clashes of intentions as disagreements, suggesting that the ordinary concept of disagreement is “wide” in that it extends beyond beliefs. (shrink)

What does the law demand when it requirescitizens to conform to standards ofreasonableness? I propose and defend theview that the law should demand thatcitizens conform their behavior to someactual conduct in society. I contrast thisidea against what might be called the``empty vessel'' view of reasonableness,where the standard is understood tofunction like an empty vessel in the law,allowing courts to use various norms andmoral judgments to determine what seemsreasonable in the circumstances. Theempty vessel account is the more commonapproach for understanding reasonableness,but (...) it leaves obscure whether and howassessments about appropriate conductconnect with facts about citizens' actualconduct. I argue for a ``binocular'' viewthat focuses our attention on actualpractices and thereby establishes howthese standards provide a stable guide toconduct and support the rule of law. (shrink)

Formulating sound and acceptable embryo research policy remains challenging especially in a pluralistic world. This challenge has acquired a new dimension of complexity with the advent of so-called embryo models, which are derived from stem cells. In this article, we present a normative strategy to facilitate the process of sound policy-making in the field of human embryology. This strategy involves seeking neutral agreements on higher level theories and doctrines as well as seeking agreements on the level of concrete policy proposals. (...) We call this strategy: going high and low. By going high and low, the plurality of reasonable moral and epistemic convictions of stakeholders involved in the domain of human embryology is respected while the process of policy-making in this area is improved. (shrink)

This paper is part of a broader argument that seeks to offer a justification for political authority. It aims to investigate the role of truth in political argument and to place the problem of reasonable disagreement. The argument focuses on the possibility of political deliberation, that figures as a stage of political decision‐making. It has to do with a confrontation between incompatible substantive beliefs which, however, all seem to be reasonable. How can citizens holding incompatible beliefs engage in an enterprise (...) of justifying them to one another? That is the question. (shrink)

RÉSUMÉ: Plusieurs libéraux modernes soutiennent que le pluralisme des valeurs a d’importantes conséquences pour l’élaboration des procédures et des institutions politiques. Mais les arguments fondés sur l’incommensurabilité et sur l’indétermination de la rationalité ou de la délibération se révèlent tous compatibles avec le monisme; et certaines formes de pluralisme sont compatibles soit avec une hiérarchisation des valeurs soit avec une hiérarchisation méta-éthique de certains types de concepts normatifs. En outre le «pluralisme» en tant que thèse métaphysique concernant les valeurs est (...) souvent confondu avec la thèse descriptive qu’il existe une pluralité de conceptions du bien dans les sociétés modernes, qui, elle, fournit la véritable justification du libéralisme dans l’organisation politique. Or cette forme de pluralisme est également compatible avec le monisme des valeurs. Le libéral pluraliste se trouve ainsi confronté à un dilemme: soit certaines valeurs sont d’importance prioritaire pour la justification de l’organisation politique, soit les conséquences du pluralisme des valeurs en pareil domaine sont indéterminées. (shrink)